Which statement best describes an easement appurtenant?

Which statement best describes an easement appurtenant?

• A. It is personal to the owner and does not transfer
• B. It is a leasehold interest
• C. It creates a license
• D. It runs with the land and transfers with the property automatically

Answer: (D)

An easement appurtenant is a non-possessory right that benefits a parcel of land (the dominant estate) by enabling use of another parcel (the servient estate) for a specific purpose. The key point is that this right is attached to the land itself, not to a particular owner. Because it runs with the land, it automatically transfers when the property is sold, binding new owners of both parcels in accordance with the easement. It isn’t personal to an individual owner, nor is it a leasehold interest or a revocable license. That combination of tying to the land and passing with the property is what makes the statement that it runs with the land and transfers with the property automatically the best description.

An easement appurtenant is a non-possessory right that benefits a parcel of land (the dominant estate) by enabling use of another parcel (the servient estate) for a specific purpose. The key point is that this right is attached to the land itself, not to a particular owner. Because it runs with the land, it automatically transfers when the property is sold, binding new owners of both parcels in accordance with the easement. It isn’t personal to an individual owner, nor is it a leasehold interest or a revocable license. That combination of tying to the land and passing with the property is what makes the statement that it runs with the land and transfers with the property automatically the best description.